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First form that is overlooked a lot is the Certificate of Compliance. This form is signed by the applicant and just promises the ATF that the applicant is a US citizen. Only 1 copy is required with application. Filling out is self-explaintory with the template.

Going the Trust route makes the process go a little easier as no fingerprints, photographs and CLEO signoff are required. The Form 4 should be very easy in that a majority of the NFA dealers charge a premium to transfer NFA items and part of the service should be to complete the form for the customer as the applicant should only have to give the dealer their basic information as most of the form has to do with the dealer and the item that is in the dealer's possession. This is here just to make sure that everything is filled out correctly before submitting as even dealers make small mistakes...enough to kick back an application which can add another 30 days or so to the approval process.

On the back all the applicant needs to do is check the boxes and sign their name, "trustee/settlor" (however they are called in the Trust) and submit the application in duplicate (the forms MUST be printed front to back as the ATF won't accept any applications where page 1 & 2 are on seperate pieces of paper) along with a COPY of the Trust (it won't be returned to the applicant) along with a copy of Schedule A (Trust assets) and Schedule B (beneficaries). If the Trust isn't submitted, the application will get kicked back.


GSR-35 piston conversion, SIG P6, SIG P556 SBR, MP5K PDW SBR, P30L, HK45 & other cool stuff
 
Posts: 169 | Location: central NC | Registered: March 19, 2007Reply With QuoteEdit or Delete MessageReport This Post
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CoC is not required for Trusts, but some send it in "to be safe."

I never have and all of my stamps come back quickly.


Items 13, 14, 16 and 17 also do not need to be filled out; according to the ATF.



 
Posts: 12854 | Registered: October 12, 2003Reply With QuoteEdit or Delete MessageReport This Post
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I was told by the ATF that the CoC is completed to make sure that the trustee/settlor is eligible to own/receive firearms. It is the same for items 13 & 14 as the trustee/settlor MUST be qualified to own NFA items. A trustee/settlor with a restraining order, felon, minor, etc is still not allowed to own or handle not only NFA items but any firearm in general. I annotated on the form itself for blocks 16 & 17 that action is not required.

quote:
Originally posted by American Pit Bull:
CoC is not required for Trusts, but some send it in "to be safe."

I never have and all of my stamps come back quickly.


Items 13, 14, 16 and 17 also do not need to be filled out; according to the ATF.


GSR-35 piston conversion, SIG P6, SIG P556 SBR, MP5K PDW SBR, P30L, HK45 & other cool stuff
 
Posts: 169 | Location: central NC | Registered: March 19, 2007Reply With QuoteEdit or Delete MessageReport This Post
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quote:
Originally posted by TSgt_Matt:
I was told by the ATF that the CoC is completed to make sure that the trustee/settlor is eligible to own/receive firearms. It is the same for items 13 & 14 as the trustee/settlor MUST be qualified to own NFA items. A trustee/settlor with a restraining order, felon, minor, etc is still not allowed to own or handle not only NFA items but any firearm in general. I annotated on the form itself for blocks 16 & 17 that action is not required.

quote:
Originally posted by American Pit Bull:
CoC is not required for Trusts, but some send it in "to be safe."

I never have and all of my stamps come back quickly.


Items 13, 14, 16 and 17 also do not need to be filled out; according to the ATF.
Less than a year ago they felt the need to put it in print, in their FFL Newsletter (Nov. 08):

quote:
TRANSFER OF A NATIONAL FIREARMS ACT
FIREARM TO A CORPORATION OR
OTHER LEGAL ENTITY


ATF has been increasingly asked questions about the
procedures for the transfer of a National Firearms Act
(NFA) firearm to a corporation or other legal entity,
such as a trust, that is not a Federal firearms licensee
(FFL).

When transferring a firearm to a corporation or legal
entity you must use an ATF Form 4 Application for
Tax Paid Transfer of a Firearm.

The FFL will identify the corporation or other entity
on the Form 4 application by the legal name as the
transferee. No individual name, such as the name of
the president of the corporation, shall be included in
identifying the transferee.

The Articles of Incorporation or other documentation
establishing the legal entity must be included with
the Form 4 application. The documentation must
identify a point of contact for the corporation or other
entity and must be sufficient for ATF to establish the
legitimacy of the existence of the corporation or other
entity.

If the firearm being transferred is a machinegun,
short-barreled rifle, short-barreled shotgun, or
destructive device, an officer or director of the
corporation or other entity must complete item 15 on
the reverse side of the Form 4.

Items 13, 14, 16, and 17 of the Form 4 do not
require completion for a transfer to a corporation
or other entity nor is the submission of ATF F
5330.20, Certification of Compliance with 18 U.S.C.
922(g)(5)(B), required.


Procedure after approval
Approved NFA transfers are exempt from the NICS
background check. So, when the FFL arranges for
the disposition of the NFA firearm to a representative
of the corporation or other entity, only the ATF
Form 4473, Firearms Transaction Record, must be
completed by the representative of the corporation or
other entity.

All other recordkeeping requirements of the Gun
Control Act must be met


ATF Newsletter @ atf.gov (Pg. 5)



 
Posts: 12854 | Registered: October 12, 2003Reply With QuoteEdit or Delete MessageReport This Post
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Roger that. My last NFA transfer was October 08 and the customer service didn't provide this information. Thanks for the update!


GSR-35 piston conversion, SIG P6, SIG P556 SBR, MP5K PDW SBR, P30L, HK45 & other cool stuff
 
Posts: 169 | Location: central NC | Registered: March 19, 2007Reply With QuoteEdit or Delete MessageReport This Post
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quote:
Originally posted by TSgt_Matt:
Roger that. My last NFA transfer was October 08 and the customer service didn't provide this information. Thanks for the update!
The examiners, believe it or not, are people too... And they make mistakes. Razz

I haven't sent a CoC since 2006 and my stamps have all come back in an orderly fashion... Some of the fellas on SilencerTalk have said that there is an examiner that insists on CoC paperwork with Trust Form 4s, although it is not required. I have yet to experience that though.



Have fun and be safe!



 
Posts: 12854 | Registered: October 12, 2003Reply With QuoteEdit or Delete MessageReport This Post
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Excellent reference. I've shamelessly purloined those files for future reference (hopefully only 6 months or so when i have some idea of what state i'll be in next year--or if i've got a job!).

Oat


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Educating the youth of America, one declension at a time.

 
Posts: 10769 | Location: Cincinnati, OH--but I long for my PA homeland | Registered: January 12, 2001Reply With QuoteEdit or Delete MessageReport This Post
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Family trust are the only way to go. I just send in every thing to cover my a$$. To many bad experiences when they were in DC.


Remember: If you can't prove it, it didn't happen
 
Posts: 1308 | Location: Anchorage | Registered: March 06, 2006Reply With QuoteEdit or Delete MessageReport This Post
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